Bill > S04591

This bill prohibits broad indemnification provisions in contracts between design professionals (such as licensed architects, engineers, and related businesses) and government entities like municipal corporations, state authorities, and state agencies for public works projects. Specifically, the bill makes it void and unenforceable for these contracts to require design professionals to defend or indemnify the government entity, except to the extent that damages are directly caused by the design professional's own negligence, recklessness, or willful misconduct. The bill applies to contracts executed on or after January 1, 2025, and covers professional services related to designing, constructing, inspecting, monitoring, repairing, or maintaining public facilities like buildings, highways, bridges, and water systems. Importantly, the bill does not void provisions related to non-professional liability claims that are covered by the design professional's general liability or automobile insurance, and it explicitly does not alter existing labor law provisions. The legislation aims to protect design professionals from overly broad liability clauses in government contracts by limiting their indemnification obligations to only those damages directly attributable to their own actions or omissions.

Budget and Finance

https://www.nysenate.gov/legislation/bills/2025/S4591